The New Jersey Legislature is advancing a statute that would enable individuals to enter into enforceable agreements for surrogate parenthood via gestational carriers. The New Jersey Gestational Carrier Agreement Act (S-482, A-1704) awaits only final legislative approval and the signature of Gov. Phil Murphy to become law.

In gestational surrogacy, a woman agrees to be implanted with a fertilized egg that is not hers, and to carry the fetus to term. The fetus is conceived in vitro, using egg and sperm from donors who are unrelated to the woman. The act requires such agreements to be in writing; additionally, the carrier must be over age 21 and have already borne at least one child of her own; her spouse or partner must consent in writing, and the intended parents must provide financial and medical support to the woman throughout her pregnancy and delivery. All parties must also undergo psychological evaluation and be represented by independent counsel. The woman carrying the fetus must surrender custody of the baby to the intended parents immediately upon birth. The act specifies that during the pregnancy, the intended parents must initiate a proceeding for an order of parentage. After the birth, the state will issue a birth certificate listing only the intended parents as the legal parents. Records relating to the agreement will remain confidential, but the child may petition for access when he or she turns 18.

According to the Ministry of Health (MOH), surrogacy refers to the arrangement where “a woman is artificially impregnated, whether for monetary compensation or not, with the intention that the child is to be the social child of some other person or couple”.

Commercial surrogacy often involves a fee paid to the surrogate mother. By hiring a surrogate mother, you are essentially hiring a woman to carry and deliver a child for you.

With more people facing fertility issues and couples increasingly seeking alternative routes to have children, there is a growing number of UK families created through surrogacy.

In the last three years, the number of children being born through surrogacy has almost tripled according to figures from the Ministry of Justice Family Court.

Surrogacy is no longer a taboo – along with adoption it has become an accepted alternative to traditional child birth. It has even recently featured in the Archers on Radio 4 and has been put into the headlines by Kim Kardashian and Kanye West who have recently used a surrogate to have their baby, Chicago.

Washington Governor Jay Inslee has signed into law Senate Bill 6037, which substantially updates and improves Washington’s version of the Uniform Parentage Act (UPA).

The UPA is the law that addresses how people are legally recognized as parents. This update strengthens protections for LGBTQ parents and non-biological parents, while maintaining the protections for rape survivors created by the 2017 Rape Survivor Safety Act.

Andrew Powell, barrister of 4 Paper Buildings, considers recent developments relating to surrogacy law, including new guidance, as well as the latest cases concerning administrative errors and the HFEA.

H (A Child: Surrogacy Breakdown) [2017] EWCA Civ 1798 (17 November 2017)
Like so many of the reported surrogacy cases in this jurisdiction, in H (A child: Surrogacy breakdown) [2017] EWCA Civ 1798 the court – on this occasion, the Court of Appeal – highlights once more some of the complexities of surrogacy in the absence of any form of regulation.

The facts of this case can be summarised as follows. A and B were a male same-sex couple who entered into a surrogacy agreement with C and D who were a heterosexual married couple. A’s sperm and a donor egg resulted in C’s pregnancy with H. The parties’ relationship broke down subsequently and communication between them ceased. After the birth, the solicitors representing C and D wrote to A and B to inform them that they no longer wished to follow the terms of the agreement and would not provide their consent to the making of a parental order (one of the essential ingredients under s54 of the HFEA 2008).

Sam Everingham, right, with his partner Phil Copland and their two surrogate daughters

Surrogacy support groups and family lawyers have criticised the government’s planned new laws on surrogacy, which they say will force 80 couples a year to go abroad to have children.

The government’s deadline for submissions on the planned Assisted Human Reproduction Bill, which will set up a new regulatory regime for surrogacy and other forms of assisted reproduction, closed last week.

Priceless: Kristy and Craig Darken with baby Henry, born via a surrogate. Kristy described the process as akin to having all of the ingredients to make a cake, but baking it in someone else’s oven. Picture: Kelsey Mlekus Photography

BY the time Kristy and Craig Darken found out they were going to be parents, they had almost given up all hope of holding a child of their own in their arms.

It had been close to eight years of highs and lows, of hope and of devastation, as the Elermore Vale couple trod the testing track of having a baby via a surrogate.

But then, countless counselling sessions, IVF, two surrogates and 10 embryos later, a tearful late night phone call came from Kristy’s sister, Rebecca.

“She was crying her eyes out,” Kristy said.

“I thought she was crying because she knew it was our last try. I thought she was devastated. Then finally, she said, ‘I’m pregnant. It worked’.

The Central Administrative Tribunal has come to the aid of a woman, working in the Ministry of Law & Justice, who was denied maternity leave as she had begotten her children through surrogacy.

The Tribunal directed the Ministry to sanction 180 days of maternity leave to the woman citing three high court’s verdicts which have held that the commissioning mother is also entitled for grant of maternity leave.

The woman is working as a Personal Assistant in the Legislative Department, Official Language Wing of Ministry of Law & Justice. As she was unable to conceive due to medical issues, she entered into Gestational Surrogacy Agreement with another woman.

Sometimes I have the pleasure of telling you a story and sometimes the story just tells itself.

It’s safe to say a number of area lawmakers have had some tough days during the current legislative session in Olympia but the past 24 hours just might have been the toughest for Reps. Liz Pike (R — 18th District) and Vicki Kraft (R — 17th District) and others.

Pike, Kraft and their fellow lawmakers were on the floor of the house until after midnight in the a.m. hours of Wednesday. I spoke with Kraft by telephone this morning and I believe she told me that she was still testifying on the floor of the House of Representatives after midnight.

Parents are also warned not to enter into informal surrogacy arrangements but to use a surrogacy organisation to arrange the process, and advised not to go abroad but to use licensed clinics in the UK. CREDIT: DAVID JONES /PA

Children created through surrogacy should be told how they were born, the Government has said for the first time.

The first-ever official guidance for surrogacy arrangements says that “openness, confidence and transparency about a child’s origins from an early age (pre-school) is the best way to talk to children about their identity and origins”.

Parents are also warned not to enter into informal surrogacy arrangements but to use a surrogacy organisation to arrange the process, and advised not to go abroad but to use licensed clinics in the UK.

A Galway City councillor has called on the Health Minister to consider introducing legislation giving surrogate mothers maternity leave so they are not treated any differently from natural or adoptive parents.

Fine Gael Cllr Padraig Conneely said he is aware of several couples in Galway who have become parents through a surrogacy arrangement abroad.

Surrogacy is a way for a childless couple or individual to have a child, with a surrogate mother carrying the child. The surrogate mother agrees to be artificially inseminated or to have an embryo transferred to her womb in order to become pregnant. She then carries the child to term with the intention of giving custody of the child to the “commissioning” person or couple.

A leading surrogacy lawyer and doctor have called for a law change to allow compensation to be paid to women who bear a baby for someone else.

Broadcaster Toni Street last night went public on how she and her husband Matt France’s third child is being carried by a surrogate – Street’s best friend Sophie Braggins.

The couple turned to a surrogate after Street was diagnosed with a rare and incurable auto-immune condition shortly after she gave birth to Mackenzie in mid-2015.

Zandra Wackenier, who has represented surrogate mothers and “intending parents” in dozens of applications to authorities, says she supports a continuation of commercial surrogacy in New Zealand, but she also believes surrogates should be compensated for their out-of-pocket expenses.

Toni Street and her best mate Sophie Braggins. Braggins is acting as Street’s surrogate and carrying her third child, due in August.

Broadcaster Toni Street and her husband are expecting their third child – this time via a surrogate mother.

Street has opened up on the happy family news for her and husband Matt France and also spoken of the serious health battle that has required them to use a surrogate – Street’s best friend Sophie Braggins – to add to their current family of two young daughters.

Street – a co-host of the The Hits’ popular morning radio show – and France will welcome a baby boy into their family in August.

They have gone public as a rising number of Kiwi families face a range of fertility issues, with some looking at the option of investigating surrogacy.

The Iowa Supreme Court rules that contracts made with surrogate mothers are legal in the state.

The case involves a couple from Cedar Rapids who were nearing 50 years old when they married in 2013 and decided they wanted to have a child. They placed an online ad in 2015 and signed an agreement to have the Muscatine woman serve as the surrogate mother. Both embryos implanted in the surrogate mother took hold — but the twins were born prematurely and one died.

The surrogate mother then refused to give up the surviving baby, saying the surrogate contract was not legal in Iowa. The district court, after genetic testing, ruled the contract is enforceable, terminated the parental rights of the surrogate mother and her husband, and awarded the Cedar Rapids man permanent legal and physical custody.

Kim and Kanye are the latest celebrity couple to have a baby using a surrogate. They join the likes of Nicole Kidman, Tyra Banks, and Elton John and his partner David Furnish, who have all turned to surrogacy to have children.

It’s not just high-profile couples who are using a surrogate to help them start or add to their families. According to Surrogacy UK on average 10 children are born through surrogacy each week.

23 NGOs (including The Center for Bioethics and Culture) from eight countries and two international networks (including the #StopSurrogacyNow Coalition) have issued a renewed call to the members of the Experts’ Group of the Hague International Conference.

Specifically, we are asking them to:

1. Renounce working on any instrument which would tend to organize surrogate motherhood internationally or would favor mutual recognition in this domain;

2. Recognize the necessity of a Convention on the Abolition of Surrogacy, similar to what was done against slavery and practices analogous to slavery with the Conventions of 1926 and 1956, and to recommend that the Member States of the Conference engage in this direction within the United Nations, which is the relevant organisation in this respect.